PHILIPPINE SUPREME
COURT
DECISIONS
EN BANC
PEOPLE OF THE
PHILIPPINES,
Appellee,
G.R.
Nos.
138662-63
November 4, 2003
-versus-
ROBERTO MADERA Y
AGRAVANTE,
Appellant.
D E C I S I O N
PER
CURIAM.:chanroblesvirtuallawlibrary
For automatic review
is the May 11, 1999 decision[1]
of the Regional Trial Court, Branch 25, Naga City finding appellant
Roberto
Madera y Agravante guilty beyond reasonable doubt of two counts of
incestuous
rape.chanrobles virtuallaw libraryred
The two informations
dated December 8, 1998 charging accused-appellant read as follows:chanrobles virtual law library
Criminal
Case
No. RTC 98-7309
That on or about
8:00
o'clock in the evening of May 8, 1998 in Barangay Dalipay, Municipality
of Milaor, Province of Camarines Sur, Philippines and within the
jurisdiction
of this Honorable Court, the above-named accused with grave abuse of
confidence,
the victim being his daughter, by means of force and intimidation, with
lewd designs, did then and there willfully, unlawfully and feloniously
succeed in having carnal intercourse with one Jonalyn C. Madera, a 14
year
old girl, against her will and without her consent and said carnal
knowledge
resulted in the pregnancy of the latter to her damage and prejudice in
such amount as shall be proven in court.chanrobles virtuallaw libraryred
Acts contrary to
law.[2]
(Emphasis supplied.)
Criminal Case No.
RTC
98-7310
That on or about
3:00
o'clock in the afternoon of June 1, 1998 in Barangay Dalipay,
Municipality
of Milaor, Camarines Sur, Philippines, and within the jurisdiction of
this
Honorable Court, the above-named accused with grave abuse of
confidence,
the victim being his daughter, by means of force and intimidation, with
lewd designs, did then and there willfully, unlawfully and feloniously
succeed in having sexual intercourse with one Jonalyn C. Madera, a 14
year
old girl, against her will and without her consent and of which carnal
knowledge resulted in the pregnancy of the latter to her damage and
prejudice
in such amount as shall be proven in court.chanrobles virtuallaw libraryred
Acts contrary to
law.[3]
(Emphasis supplied.)
The prosecution
established
the following facts:chanroblesvirtuallawlibrary
The victim,
Jonalyn, the seventh of ten children of appellant and his wife Dominga
Madera, was born on February 10, 1985.[4]
At around 8:00
p.m.
of May 8, 1998, the eve of the barangay fiesta at Dalipay, Milaor,
Camarines
Sur, appellant, after drinking liquor with his friends in the porch of
his three-bedroom[5]
house at said barangay, repaired to his bedroom. He thereupon summoned
the then more than 13 years old Jonalyn, who obliged and went to his
room
upon which "he closed the door but there is a small opening."[6]
On appellant's request, Jonalyn massaged him in the course of which he
took off her shorts and panty, after which he also took off his shorts
and brief, and laid down on top of her, spread her thighs and inserted
his penis into her vagina.[7]
She felt pain but was too afraid to complain or ask why he was doing
that
to her because he threatened to kill all of them in the family if she
shouted[8]
and she feared he would do it as he had often maltreated her and her
siblings
as well as her mother.[9]chanrobles virtuallaw libraryred
On June 1, 1998, at
around
3:00 p.m., while Jonalyn's mother was in the fields and her brothers
and
sisters were playing at a chapel some 150 meters away from their house,
appellant entered Jonalyn's room as she was about to sleep on a mat
placed
on the cemented floor. Again appellant had sexual intercourse with
Jonalyn,[10]
without her shouting for help because he told her that he would kill
all
of them if she shouted.[11]chanrobles virtuallaw libraryred
More than three months
after the June 1, 1998 sexual intercourse, or on September 27, 1998,
Jonalyn
related to her sister Josephine the two sexual molestations committed
on
her by appellant.[12]
The following day or on September 28, 1998, Dr. Ma. Linda Llaguno,
Municipal
Health Officer of Milaor, Camarines Sur, examined Jonalyn and found her
to be pregnant.chanrobles virtuallaw libraryred
More than seven months
after the sexual molestation committed on May 8, 1998, or on December
25,
1998, Jonalyn gave birth to a baby girl.[13]
Appellant, the sole
witness for the defense, denied the charges[14]
and gave the following version:chanrobles virtual law library
On May 8, 1998, he was
cooking food for the fiesta to be celebrated on the next day. With him
were his wife's relatives who were there for the next day's
festivities.
His older children Joseph, Jobert, Juvy and Jonalyn had gone to the
dance
hall, while his younger children stayed at home. He finished cooking at
10:00 p.m., and at around 10:30 p.m., he went with his brothers-in-law
Dante and Roger to the dance hall but he did not see Jonalyn there.[15]
On June 1, 2002, he
and his son Jobert harrowed the more than 2-hectare field of one
Cipriano
San Felipe, some 200 meters away from his house.[16]
He started working at 8:00 a.m. and stopped at 4:00 p.m., and neither
he
nor his son went home for lunch as they partook of it at the house of
Cipriano's
son-in-law.[17]
After working in the fields, he pastured his carabao and returned home
only at 6:00 p.m.[18]chanrobles virtuallaw libraryred
He did not know why
his wife and Jonalyn, whom he suspected has a boyfriend named Boboy,
would
charge him with rape, except perhaps because he and his wife were
always
quarreling.[19]chanrobles virtuallaw libraryred
The trial court, finding
for the prosecution, convicted appellant of two counts of rape by the
decision
on review, the dispositive portion of which reads:chanrobles virtual law library
WHEREFORE,
premises considered, this court finds the accused ROBERTO MADERA y
AGRAVANTE
GUILTY beyond reasonable doubt of two counts of the crime of RAPE,
defined
and penalized under Article 355 of the Revised Penal Code, as amended
by
Republic Act Nos. 7659 and 8353 in Criminal Cases Nos. 98-7309 and
98-7310
and hereby sentences the said accused to suffer the penalty of DEATH
for
each of the offense committed. Accused Roberto Madera y Agravante is
hereby
ordered to pay the victim Jonalyn Cadores Madera the amount of
P50,000.00
for each offense by way of moral damages and to serve as a deterrent
and
warning to fathers who may have bestial desire against their daughter,
said accused is also ordered to pay the sum of P50,000.00 as exemplary
damages. For having impregnated his own daughter resulting to giving
birth
to a child who is facing an unsecured future and for the traumatic
experience
suffered by the victim, the accused is further ordered to pay
P100,000.00
by way of consequential damages and to pay the costs.[20]chanrobles virtuallaw libraryred
SO ORDERED.
(Emphasis
supplied.)
In his brief, appellant
raises the following assigned errors, quoted verbatim:chanroblesvirtuallawlibrary
I
THE TRIAL COURT
ERRED
IN GIVING UNDUE IMPORTANCE TO THE INCREDIBLE, UNRELIABLE AND UNWORTHY
STANCE
OF PRIVATE COMPLAINANT ANENT THE ALLEGED SEXUAL ACTS COMPLAINED OF
II
THE TRIAL COURT
ERRED
IN NOT CONSIDERING THE FACT THAT PROSECUTION WITNESS DOMINGA MADERA WAS
ACTUATED BY ILL WILL IN TESTIFYING AGAINST ACCUSED-APPELLANT
III
THE TRIAL COURT
ERRED
IN NOT GIVING FULL FAITH AND CREDENCE TO THE DEFENSE INTERPOSED BY
ACCUSED-APPELLANT
IV
THE TRIAL COURT
ERRED
IN CONVICTING ACCUSED-APPELLANT OF TWO (2) COUNTS OF RAPE DESPITE THE
FACT
THAT HIS GUILT WAS NOT PROVED BEYOND REASONABLE DOUBT.cralaw:red
The settled rule is
that
when the issue involves the credibility of a witness, the trial court's
assessment is entitled to great weight, even finality, unless it is
shown
that it was tainted with arbitrariness or there was an oversight of
some
fact or circumstance of weight and influence. The reason is obvious —
the
trial court has the unique opportunity to observe the witness firsthand
and note his or her demeanor and manner of testifying.[21]chanrobles virtuallaw libraryred
The trial court found
Jonalyn a credible witness and appreciated her clear and convincing
testimony
on how the rapes were committed. Thus, after identifying her father in
open court by pointing to him during which she was crying,[22]
she, a month and 14 years of age when she testified on March 4, 1999,
declared
as follows, quoted verbatim:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
Pros.
Escaro:chanroblesvirtuallawlibrary
x
x
x
x x
x
x x x
Q Tell us, the
accused
being your father did you observe the accused, your father, discipline
you and your other brother and sisters?
A He kicked and
boxed
my brothers and sisters.cralaw:red
Q What about you,
how
does your father discipline you?
A I was also boxed
and
kicked by my father.cralaw:red
Q Do you also
observe
whenever your father and your mother quarrel, what did you observe?
A We were hurt
whenever
our mother and father quarreled.cralaw:red
Q What does your
father
do to your mother whenever they quarrel, if you know?
A He also kicked
and
boxed my mother.cralaw:red
Q Now, tell us,
Miss
Witness, on May 8, 1998, at about 8:00 o'clock in the evening, tell the
Court, where were you?
A I was in our
house,
sir.cralaw:red
Q Where is your
house?
A At Dalipay, sir.cralaw:red
Q Alright, where
were
your brothers and sisters as well as your father and mother at that
time?
A They were
viewing
TV, sir.cralaw:red
Q And while you
were
there at your house, where was your father?
A He was also in
the
house, sir.cralaw:red
Q Were you also
viewing
the TV?
A Yes, sir.cralaw:red
Q Now, while you
were
viewing the TV on that particular date and time, what happened, if any?
A While viewing
the
TV, I was called by my father to massage him.cralaw:red
Q Where was your
father
when you were called to massage him?
A In the room, sir.cralaw:red
Q By the way, tell
us,
from where did your father c[o]me from before he went to your house, if
you know?
A At our porch,
drinking.cralaw:red
Q With whom, if
you
know?
A With his
friends,
sir.cralaw:red
Court
Drinking
what?
A Gin, your honor.cralaw:red
Pros. Escaro:chanrobles virtual law library
Now, do you
know
when did your father and his friends stop drinking wine?
A Yes, sir.cralaw:red
Q What time?
A Around 8:00
o'clock,
sir.cralaw:red
Q So, after your
father
stopped drinking with his friends, do you know where he went?
A Yes, sir.cralaw:red
Q Where?
A Inside the room,
sir.cralaw:red
Q Is that room
also
occupied by you or your other siblings?
A It is the room
of
my Papa and Mama.cralaw:red
x
x
x
x x
x
x x x
Q Now, you
mentioned
to the Court that on May 8, 1998, you were called by your father to the
room to massage him, when you were called to the room to massage him,
what
did he do?chanrobles virtuallaw libraryred
A While I was
massaging
him, he undressed me.cralaw:red
Q When you went to
the
room, by the way, is there a door in that room?
A Yes, sir, there
is.cralaw:red
Q Was it closed by
your
father after you entered?
A Yes, sir. He
closed
the door, but there is a small opening.cralaw:red
Q Tell us, when he
ordered
you to massage him, what was he wearing then?
A He was wearing
shorts.cralaw:red
Q What was he
wearing
on his upper body?
A He was wearing a
t-shirt.cralaw:red
Q Did you obey him
in
massaging him when he ordered you to massage him?
A Yes, sir.cralaw:red
Q Tell us, what
were
you then wearing when you were told by your father to massage him?
A I was also
wearing
shorts and t-shirt.cralaw:red
x
x
x
x x
x
x x x
Q Alright, when he
undressed
you, was he able to remove your clothes?
A No, sir.cralaw:red
Q What was removed
from
you?
A My shorts
together
with my panty.cralaw:red
x
x
x
x x
x
x x x
Q Now, after your
father
undressed you, what happened next?
A After he
undressed
me, he also removed his shorts.cralaw:red
x
x
x
x x
x
x x x
Q After your
father
removed his brief, what happened next?
A After he removed
his
brief, he lied (sic) on top of me.cralaw:red
Q Alright, when he
lied
(sic) on top of you, what happened, what did he do, if any, when he
lied
(sic) on top of you?
A He spread my
thighs,
sir.cralaw:red
Q And after he
spread
you[r] thighs, what did he do next, if any?
A After spreading
my
thighs, he inserted his penis into my vagina.cralaw:red
Q Where did the
accused
insert his penis?
A He inserted his
penis
into my vagina, sir.cralaw:red
Q Tell us, what
did
you feel while your father was inserting his penis into your vagina and
made a push and pull motion?
A I felt so much
pain,
sir.cralaw:red
Q Alright, after
your
father made a push and pull motion, what happened next?
A After the push
and
pull movement of my father, I was told to wear my panty and short pants.cralaw:red
Q When your father
undressed
you, when your father was about to undress you, did you not complain to
your father or asked your father why he is undressing you?chanrobles virtuallaw libraryred
A No, sir.cralaw:red
Q Why, tell us?
A I was afraid
because
he might again box me.cralaw:red
Pros. Escaro:chanrobles virtual law library
We also make
it
of record that the private complaining witness is about to cry, in
fact,
crying now.cralaw:red
Court:chanrobles virtual law library
Place that
on
record.cralaw:red
Pros. Escaro:chanrobles virtual law library
Did it occur
to
your mind to tell your mother on (sic) what happened on May 8, 1998?
A No, sir.cralaw:red
Q Why, tell the
Court?
A Because if I
report
the matter to my mother, he will kill all of us.cralaw:red
Q Now, tell us, on
June
1, 1998, at about 3:00 o'clock in the afternoon, tell the Court, where
were you?
A I was in our
house,
sir.cralaw:red
x
x
x
x x
x
x x x
Q Tell us, where
were
your mother, brothers and sisters at that time while you were at your
house
on June 1, 1998 at 3:00 o'clock in the afternoon?
A My mother at
that
time was in the farm planting; while my brothers and sisters were
playing
at the chapel.cralaw:red
Q Tell us, how far
is
that chapel from your house, if you know, from where you are seated
right
now, can you tell us the distance?
A The distance is
from
the place where I am sitting now to that City Hall Building which is
almost
one hundred fifty meters.cralaw:red
Q While you were
at
your house on that particular date and time, tell us, where was your
father,
Roberto Madera?
A My father was in
the
house, sir.cralaw:red
x
x
x
x x
x
x x x
Q You and your
father
were inside the house at that time, am I correct?
A Yes, that is
correct,
sir.cralaw:red
Q Which part of
your
house were you then at that time?
A Inside the room
which
she shared with her two small brothers and sisters,[23]
sir.cralaw:red
x
x
x
x x
x
x x x
Q While you were
there
at your room of your house, what happened, if any?
A While I was
inside
the room, about to sleep, my father entered the room.cralaw:red
x
x
x
x x
x
x x x
Q When your father
entered
the room, what happened next, if any?
A After he entered
the
room, he again undressed me and he also removed his shorts and brief
and
lied (sic) on top of me.cralaw:red
Q In that room you
are
occupying, is there a bed?
A None, sir, only
cemented
floor.cralaw:red
Q Where were you
then
lying?
A On a mat on the
cemented
floor.cralaw:red
Q By the way, what
were
you then wearing at that time, Miss Witness?
A I was wearing
shorts,
sir.cralaw:red
Q And were you
wearing
any underwear?
A Yes, sir.cralaw:red
Q Are you wearing
panty?
A Yes, sir.cralaw:red
Q What about bra?
A Yes, I have a
bra,
sir.cralaw:red
Q When your father
entered
the room, you said he removed your clothing, what did he remove from
your
clothing?
A Only shorts and
my
panty, sir.cralaw:red
x
x
x
x x
x
x x x
Q After he removed
his
shorts and brief and you were undressed, what happened next?
A He again spread
my
thighs, sir.cralaw:red
Q What was your
position
when your father spread your thighs?
A I was lying,
sir,
facing upwards.cralaw:red
x
x
x
x x
x
x x x
Q And after you
lied
(sic) down, facing upwards, what did he do next, if any?
A He again
inserted
his penis into my vagina.cralaw:red
Q When he inserted
his
penis into your vagina, what did he do next?
A He again made a
push
and pull movement.cralaw:red
Q Did he kiss you
in
your other parts of your body?
A No, sir.cralaw:red
Q Now, tell us,
did
you enjoy what he did to you?
A No, sir.cralaw:red
Q Now, tell us,
did
it occur to your mind to scratch your father, to bite him in order to
avoid
him from raping you?
A No, sir.cralaw:red
Q Why, tell us?
A I could not do
that,
sir, because he always hurt me.[24]
(Emphasis supplied.)
x
x
x
x x
x
x x x
Atty.
Cariño:chanrobles virtual law library
Q When your father
started
to remove your shorts and your panty, you did not at all scream?
A No, Ma'am.cralaw:red
Q Even if you know
that
if somebody is removing your shorts and your panty, something bad will
happen to you?
A No, Ma'am, I was
not
able to shout because he threatened. According to my father, if I will
shout, he would kill all of us.cralaw:red
Q Did he tell you
at
that time that he was undressing you?
A Yes. Ma'am.cralaw:red
Pros. Escaro:chanrobles virtual law library
May I make
of
record, your honor, that the witness is crying as she is testifying on
that point.cralaw:red
Atty.
Cariño:chanrobles virtual law library
Q But at that
time,
Jonalyn, you can still shout, is it not?
A I could not
shout
because he threatened me that all of us would be killed if I shout.[25]
x
x
x
x x
x
x x x
Q Since on May 8,
1998,
that was the same procedure, that was the same thing that your father
did
to you when your father started to remove your short pants and panty,
did
you not do anything?chanrobles virtuallaw libraryred
A I have not done
anything,
Ma'am.cralaw:red
Q But you would
know,
Jonalyn, that your father will do something wrong to you again, is it
not?
A Yes, I know
that,
Ma'am.cralaw:red
Q So, you could
have
shouted or struggled with your father at that time?chanrobles virtuallaw libraryred
A I could not do
that,
Ma'am, because he would kill all of us. (italics and emphasis supplied)[26]
From the foregoing
candid,
categorical and straightforward sob-punctuated narration by Jonalyn of
the incidents, it is not difficult to believe that indeed the young
girl
who had just metamorphosed into a teenager was twice ravished by her
father
who was looked upon with fear as "he always hurt her" as well as her 9
siblings and their mother by boxing and kicking them.chanrobles virtuallaw libraryred
The argument that appellant
could not have raped Jonalyn on May 8, 1998 because her mother and her
siblings were not yet asleep as they were watching television in the
next
room and were aware that she had been summoned to massage him does not
persuade. Lust is no respecter of time, place or kinship.[27]
Given the sound and the attention the television drew from the viewers,
and the location of the door which was ajar, as reflected in Jonalyn's
sketch — Exhibit "H"[28]
which shows such door to be along the same side where the television
was
mounted, the viewers could not have been aware of, seen or sensed what
was happening inside the room where the molestation took place.chanrobles virtuallaw libraryred
Had the charge for the
May 8, 1998 incident been concocted, Jonalyn could just have tailored
her
account by, e.g., omitting that portion of her testimony regarding the
presence of family members at the time of the incident and about the
door
being left ajar. Or she could have inputed some details that could
render
her account more in accordance with common experience, like appellant
kissing
her on parts of her body before having an intercourse. That she did
not,
thus making her tale appear improbable, reinforces her credibility. For
that something improbable can happen is always possible.[29]chanrobles virtuallaw libraryred
As for appellant's alibi
with respect to the second case, — that he was on the afternoon of June
1, 1998 with his son Jobert tilling the farm of a certain Cipriano San
Felipe which was located some two hundred meters away from his house,[30]
it is inherently weak and unreliable. For given that distance between
the
place where he was, and the scene of the crime,[31]
it was not physically impossible for him to be at the latter. That
neither
his son nor farm owner San Felipe came forward to corroborate his alibi
all the more renders his alibi weak.chanrobles virtuallaw libraryred
While, as reflected
in Jonalyn's testimony she offered no physical resistance nor attempted
to shout, she explained that she was intimidated and threatened into
silence,
appellant having readily instilled fear in her when he threatened "that
all of us would be killed" if she shouted.chanrobles virtuallaw libraryred
Intimidation must be
viewed in light of the victim's perception and judgment at the time of
the commission of the crime and not by any hard and fast rule. It
suffices
that the threat or intimidation produces a reasonable fear in the mind
of the victim that if she resists or does not yield to the desires of
appellant,
the threat would be carried out.[32]
Jonalyn's explanation is not difficult to appreciate, given her claim
that
appellant had been cruel and often maltreated her, her siblings and her
mother, which claim was confirmed at the witness stand by her mother
Dominga
Cadores Agravante[33]
who added that they could not get back at appellant because "if he had
with him a bolo, he unsheathed his bolo."chanrobles virtuallaw libraryred
At any rate, in Jonalyn's
sworn statement[34]
executed on September 28, 1998 before SPO3 Willie C. Miraflores at the
office of the Chief of Police of Milaor Municipal Police Station and
subscribed
and sworn to before Camaligan, Camarines Sur Municipal Circuit Trial
Court
Judge Jose P. Nacional, she declared that appellant "forcibly" had
sexual
intercourse with her both on May 8, 1998 and June 1, 1998. Thus she
declared:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
Q Why are
you
here
in this office and giving this statement?chanrobles virtuallaw libraryred
A To testify and
file
a formal complaint against my father Roberto Madera y Doe for Rape.chanrobles virtuallaw libraryred
Q When and where
did
this incident happen?chanrobles virtuallaw libraryred
A It transpired on
or
about 8:00 o'clock in the evening of May 8, 1997 (sic) and on June 1,
1998
inside our house at barangay Dalipay, this municipality.chanrobles virtuallaw libraryred
Q How did it
happen
on the night of May 8, 1998?chanrobles virtuallaw libraryred
A That on the said
date
at about 8:00 o'clock in the evening we were watching TV in the sala
with
my mother, brothers and sisters while my father was having a drinking
spree
with his intimates in the terrace (balcon). Afterwards, my father got
inside
the house and he told me to follow him inside the room for he has
something
to tell me. Once inside, he forcibly let me lay on the bed and pulled
down
my underwear and have a sexual intercourse with me.chanrobles virtuallaw libraryred
Q Why did you not
shout
nor ask an (sic) assistance from your mother and others who were in the
sala?
A It is because my
father
threatens me in a low voice to be killed if I shout (sic).cralaw:red
Q What happened on
June
1, 1998 at about 3:00 o'clock in the afternoon?
A That on the said
time
and date, my mother was away from the house and my brothers and sisters
were playing in the other place. I am in the house with my father and
the
latter forcibly have another sexual intercourse with me. (Emphasis
supplied.)chanrobles virtuallaw libraryred
The sworn statement was
offered[35]
and admitted[36]
in evidence during Jonalyn's direct examination during which she
affirmed
the truth thereof.[37]
At all events, as between
a father and his daughter in an incestuous sexual assault, this Court
has
upheld the view that the former's moral ascendancy and influence over
the
latter sufficiently substitutes for force and intimidation.[38]chanrobles virtuallaw libraryred
To justify the imposition
of the death penalty in a case for qualified rape, the victim's
minority
and relationship with the offender must be alleged in the complaint or
information, as they have been in the informations filed against
appellant.chanrobles virtuallaw libraryred
And relationship and
minority as qualifying circumstances of rape must be proved beyond
reasonable
doubt, just as the crime itself.[39]
The prosecution presented
a birth certificate to establish Jonalyn's minority and relationship to
appellant. The name appearing in the certification[40]
issued by the Office of the Civil Registrar of Milaor and in the
Certificate
of Live Birth[41]
is Jomalyn C. Madera. The two informations alleged that the victim is
Jonalyn
C. Madera.chanrobles virtuallaw libraryred
Jonalyn's mother Dominga
Madera testified, however, that there was a misspelling of Jonalyn's
name
in the Certificate of Live Birth, a typographical error.[42]
Except for the misspelling
of the letter n which appears as "m" in Jonalyn, all the entries in
Jonalyn's
Birth Certificate are undisputed. Thus it shows that she was born on
February
16, 1985 to Domingo Lormeda Cadores and herein appellant Roberto
Agravante
Madera, and that the couple got married on December 27, 1967 at
Minalabac,
Camarines Sur.chanrobles virtuallaw libraryred
Relation and minority
having been alleged and proved, the imposition by the trial court of
the
death penalty in both cases must thus be affirmed.cralaw:red
Conformably with prevailing
jurisprudence, the decision on the civil aspect of the case must be
modified
such that Jonalyn is awarded civil indemnity of P75,000.00 for each
count
of rape, moral damages of P75,000.00 also for each count, and exemplary
damages of P25,000.00, also for each count.cralaw:red
WHEREFORE, the decision
of the Regional Trial Court of Naga, Branch 25, finding appellant
Roberto
Madera y Agravante guilty beyond reasonable doubt of Qualified Rape and
sentencing him to death in both cases is AFFIRMED. The civil aspect of
the case is MODIFIED by awarding to private complainant Jonalyn Madera
the amounts of P75,000.00 as civil liability, P75,000.00 as moral
damages,
and P25,000.00 as exemplary damages for each count of rape.cralaw:red
Three justices of the
Court, however, continue to maintain the unconstitutionality of R.A.
7659
insofar as it prescribes the death penalty. Nevertheless, they submit
to
the ruling of the majority to the effect that the law is constitutional
and that the death penalty can be lawfully imposed in the cases at bar.chanrobles virtuallaw libraryred
In accordance with Article
83 of the Revised Penal Code, as amended by Section 25 of R.A. 7659,
upon
finality of this Decision, let the records of these cases be forwarded
to the Office of the President for possible exercise of executive
clemency.chanrobles virtuallaw libraryred
SO ORDERED.chanrobles virtuallaw libraryred
Davide, Jr., C.J.,
Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Sandoval-Gutierrez,
Carpio,
Austria-Martinez, Corona, Carpio Morales, Callejo, Sr., Azcuna and
Tinga, JJ., concur.chanrobles virtuallaw libraryred
Ynares-Santiago, J., on official leave.
____________________________
Endnotes:chanroblesvirtuallawlibrary
[1]
Rollo at 13–21.chanrobles virtuallaw libraryred
[2]
Records, Vol. 1 at 1.chanrobles virtuallaw libraryred
[3]
Records, Vol. 2 at 1.chanrobles virtuallaw libraryred
[4]
Exhibits "A" and "B," Records, Vol. 1 at 42 and 43, respectively.
During
direct examination, Dominga Madera testified that Jonalyn's name was
misspelled
as Jomalyn Cadores Madera in the Certificate of Live Birth, and that
Jomalyn
and Jonalyn are one and the same person (TSN, March 2, 1999 at 8).
[5]
TSN March 4, 1999 at 23–24.
[6]
Id. at 25.chanrobles virtuallaw libraryred
[7]
Id. at 22–27.chanrobles virtuallaw libraryred
[8]
Id. at 46.chanrobles virtuallaw libraryred
[9]
Id. at 22.chanrobles virtuallaw libraryred
[10]
Id. at 28–32.chanrobles virtuallaw libraryred
[11]
Id. at 51–52.chanrobles virtuallaw libraryred
[12]
Exhibit "G," Records, Vol. 1 at 4.
[13]
Exhibit "D," Records, Vol. 1 at 45.
[14]
Records, Vol. 1 at 23.chanrobles virtuallaw libraryred
[15]
TSN, March 22, 1999 at 3–6, 12–13.
[16]
Id. at 6–7.chanrobles virtuallaw libraryred
[17]
Id. at 14–16.chanrobles virtuallaw libraryred
[18]
Id. at 6–8, 17.chanrobles virtuallaw libraryred
[19]
Id. at 18–19.chanrobles virtuallaw libraryred
[20]
Rollo at 21.chanrobles virtuallaw libraryred
[21]
People v. Sabalan, G.R. No. 134529, February 26, 2001, 352 SCRA 701,
705.
[22]
TSN, March 4, 1999 at 19.chanrobles virtuallaw libraryred
[23]
Vide TSN, March 4, 1999 at 24.chanrobles virtuallaw libraryred
[24]
TSN, March 4, 1999 at 22–32.chanrobles virtuallaw libraryred
[25]
Id. at 46.chanrobles virtuallaw libraryred
[26]
Id. at 51–52.chanrobles virtuallaw libraryred
[27]
People v. Umayam, G.R. No. 147033. April 30, 2003, citations omitted.
[28]
Records, Vol. 1 at 46.chanrobles virtuallaw libraryred
[29]
People v. Sanglil, G.R. No. 113689, July 31, 1997, 276 SCRA 532, 539.
[30]
TSN, March 22, 1999 at 6–8; 14–17.chanrobles virtuallaw libraryred
[31]
People v. Viernes, G.R. Nos. 136733-35, December 13, 2001, 372 SCRA
231,
250.
[32]
People v. Sabalan, supra note 21.chanrobles virtuallaw libraryred
[33]
Vide TSN, March 2, 1999 at 11, 20, 21.chanrobles virtuallaw libraryred
[34]
Exhibit "G," Records at 4.chanrobles virtuallaw libraryred
[35]
Records, Vol. 1 at 40–41.chanrobles virtuallaw libraryred
[36]
Records, Vol. 1 at 51.chanrobles virtuallaw libraryred
[37]
TSN, March 4, 1999 at 34–35; People v. Servano, G.R. No. 143002-03,
July
17, 2003.
[38]
Id. at 10 (Two members of this Court dissented in the case).chanrobles virtuallaw libraryred
[39]
Vide People v. Tabanggay, G.R. No. 130504, June 29, 2000, 334 SCRA 575,
600; People v. Ramos, G.R. No. 142577, December 27, 2002.
[40]
Exhibit "A," Records, Vol. 1 at 42.chanrobles virtuallaw libraryred
[41]
Exhibit "B," id. at 43.chanrobles virtuallaw libraryred
[42]
TSN, March 2, 1999 at 8.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
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